[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88261-88262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27890]


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DEPARTMENT OF TRANSPORTATION

48 CFR Part 1252

RIN 2105-AF22


Solicitation Provisions and Contract Clauses

AGENCY: Department of Transportation.

ACTION: Final rule.

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SUMMARY: This final rule amends the Transportation Acquisition 
Regulation (TAR) to provide needed editorial changes. DOT is publishing 
a technical amendment to make a minor administrative correction to a 
TAR clause citation.

DATES: This rule is effective on December 21, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. LaWanda Morton-Chunn, Procurement 
Analyst, Acquisition Policy, Oversight & Business Strategies (M-61), 
Office of the Senior Procurement Executive (OSPE), Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 
366-2267. This is not a toll-free telephone number.

SUPPLEMENTARY INFORMATION:

Background

    The purpose of this rule is to make a minor administrative 
correction to the clause at 1252.239-92, Information and Communication 
Technology Accessibility Notice, paragraph (b). This revision corrects 
an erroneous reference to a separate TAR clause.

Discussion and Analysis

    TAR part 1252, 1252.239-92, Information and Communication 
Technology Accessibility Notice, paragraph (b), is revised to correct a 
typographical error to a reference to another TAR clause. The reference 
in paragraph (b) to the clause at 1252.239-81, Information and 
Communication Technology Accessibility, is revised to reference the 
clause at 1252.239-93, Information and Communication Technology 
Accessibility. The clause at 1252.239-81 is titled Cloud Identification 
and Authentication (Organizational Users) Multi-Factor Authentication, 
which is not the correct reference. The clause at 1252.239-93 is titled 
Information and Communication Technology Accessibility. The clause at 
1252.239-93 is the clause that paragraph (b) of 1252.239-92 intended to 
reference.

Notice and Comment

    This rule makes administrative changes that do not require prior 
notice and an opportunity for comment or a delayed effective date, 
consistent with 41 U.S.C. 1707, 48 CFR 1.301, and 48 CFR 1.501-3.
    The statutes at 41 U.S.C. 1707(a) specifies a required comment 
period for procurement policies, regulations, procedures and forms. 
Specifically, a procurement policy, regulation, procedure, or form may 
not take effect until 60 days after it is published for public comment 
if it relates to the expenditure of funds and either (i) has a 
significant effect beyond the internal operating procedures of the 
agency issuing the action; or (ii) has a significant cost or 
administrative impact on contractors or offerors. An exception can be 
made if there are compelling circumstances for an earlier effective 
date. The statutes at 41 U.S.C. 1707(b) also requires agencies to 
publish proposed procurement regulations in the Federal Register for a 
comment period of at least 30 days unless the agency waives those 
requirements pursuant to 41 U.S.C. 1707(d). This

[[Page 88262]]

provision specifies that an agency may waive the publication and 
comment requirements only if urgent and compelling circumstances make 
compliance impracticable. Section 1.501-3 of the Federal Acquisition 
Regulation (FAR) further provides that proposed agency acquisition 
regulations need not be published for comment when the rule does not 
constitute a significant revision, and FAR 1.301 requires publication 
of proposed changes to agency acquisition regulations for public 
comment in conformance with FAR subpart 1.5 (including FAR 1.501-3) and 
41 U.S.C. 1707.
    The Department has determined that publication of this rule for 
notice and comment is not required pursuant to these authorities. The 
correction of the erroneous cross reference is an administrative change 
that will not have a significant effect on any party. The correction 
will not impose a significant cost, or have a significant 
administrative impact, on contractors or offerors. This final rule 
merely updates 1252.239-92 to reference the correct TAR clause.

Executive Orders 12866 and 13563

    The Office of Management and Budget (OMB) has determined that this 
rule is not a significant regulatory action under Executive Order 
12866. Therefore, OMB did not review the final rule.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule would not have 
a significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). The factual basis for this certification follows. This rulemaking 
does not change DOT's policy regarding small businesses, does not have 
an economic impact on individual businesses, and does not impose any 
increased or decreased costs on small business entities. Instead, it is 
merely an administrative correction to an erroneous cross reference. 
Therefore, pursuant to 5 U.S.C. 605(b), a regulatory flexibility 
analysis is not required.

Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require approval by the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Congressional Review Act

    This rule has not been designated by the Office of Information and 
Regulatory Affairs as a major rule pursuant to the Congressional Review 
Act (5 U.S.C. 801 et seq.; see 5 U.S.C. 804(2)).

List of Subjects in 48 CFR Part 1252

    Government procurement, Reporting and recordkeeping requirements.

Signing Authority

    Signed under authority provided by 5 U.S.C. 301; 41 U.S.C. 
1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304; 1.501-3, 
and 49 CFR 1.38 in Washington, DC, on December 14, 2023.

Philip A. McNamara,
Assistant Secretary for Administration, U.S. Department of 
Transportation.

    For the reasons set out in the preamble, DOT amends 48 CFR part 
1252 as set forth below.

PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 1252 continues to read as follows:

    Authority:  5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; 
and 48 CFR 1.301 through 1.304.

Subpart 1252.2--Text of Provisions and Clauses


1252.239-92   [Amended]

0
2. Amend section 1252.239-92 in paragraph (b) of the provision by 
removing ``1252.239-81, Information and Communication Technology 
Accessibility'' and adding in its place ``1252.239-93, Information and 
Communication Technology Accessibility''.

[FR Doc. 2023-27890 Filed 12-20-23; 8:45 am]
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